MADURAI: The Madurai Bench of the Madras High Court on Thursday directed the state government to launch a dedicated website containing a list of all waterbodies in the state within six months.
It also directed the identification and removal of encroachments in all waterbodies, cancellation of pattas issued in respect to waterbodies after January 2000, and ordered the restoration of the waterbodies.
A bench comprising justices GR Swaminathan and B Pugalendhi passed the order on a batch of petitions filed by advocate R Manibharathi against a road project in Madurai on grounds that the project damaged the bunds of two major tanks — Vandiyur and Thenkal Kanmoi — in the district.
Lifting the interim stay granted by the court earlier against the project, the judges said the petitioner should have approached the court at the time of the commencement of the project, adding that nearly 40% of construction works have now been completed.
The government gave an undertaking that no other projects would be permitted in the said waterbodies in future, and also assured the court that the current project would not reduce, but increase the storage capacity of the tanks. Noting this, the judges allowed the project works to resume.
However, they clarified that they are permitting the projects only because it was done in the public interest. “Water bodies cannot be obliterated under the guise of public interest,” the judges remarked.
They took judicial notice of the fact that many water bodies disappeared in the Madurai district due to government projects and urbanisation. The judges also pointed out how the Krithumal River in the district has become a narrow drainage channel. Many court complexes are also located on former waterbodies, the judges stated.
The Thoothukudi district court, which is situated near a waterbody, was severely affected during the recent torrential rains, requiring reconstruction of hundreds of case records, the judges highlighted, and directed the state government to open a dedicated website, containing a list of all waterbodies in the state along with their survey number, physical location, area and dimensions, among others.
If the details are found to be incorrect, the court would initiate action against the errant officials, they warned.
"Water bodies belong to the society. Their ownership may technically rest with local bodies, public departments or the government. But they are a gift of nature and have to be available not just for humans but also animals and birds," they further observed.
Any development projects or tenders floated by the government should keep this in consideration and ensure that the tank bunds, water quality and other factors are not affected, the judges added and disposed of the petitions.